Zimbabwe and a new Constitution

By Clutton Patsika

The Zimbabwean crisis which has led to a recession spanning nine years is usually blamed on a flawed constitution that has been abused by those in power. Being the supreme law of the land, a constitution must be set for the common good of that country not to benefit only a few.

In a radio address in 1941 Pope Pius XII said: “In order that social life…may secure its purpose, it is essential that it should have a statutory juridical support, as a refuge and protection. Such a statutory support should not dominate, but should tend to develop and strengthen the vitality of society which is rich in the multiplicity of its aims, by directing towards their perfection the energy of individuals in peaceful cooperation, and by defending them by all legitimate means against everything which may be harmful to their full development.”

The current Zimbabwean constitution does not address this ideal as it was revised by a one-party majority to favour that party.  For example, the president has powers to declare a state of emergency, allowing him to rule without the judiciary or parliament. Being the ultimate law unto himself, he assents all other laws of the land without consent from anybody. He has powers to appoint various commissions, a prerogative that was seriously abused by the Zanu-PF government.

A case in point was the creation of a media commission whose hand-picked commissioners ended up stifling the media of the country. They acted like hatchet men cutting out all oppositional voices so that the public would not have alternative views other than those channelled by state-controlled media.

While the constitution guarantees individual freedoms, it leaves power in the hands of one person who can then easily curtail these freedoms. Religious and political freedoms are not mentioned. Instead, laws put in place allow for arbitrary arrests and do not allow people to gather and discuss issues pertaining to their society without permission.

Before the formation of the unity government, Zanu-PF created a state apparatus, the Central Intelligence Organisation (CIO). Instead of gathering intelligence for the good of the nation, the CIO was used to launch a campaign of terror and torture against Zanu-PF opponents.

The Zimbabwean, a weekly opposition newspaper, described the CIO, alleging it uses “propaganda, stuffing ballot boxes, rigging elections, blackmail, sexual intrigue, false stories about opponents in the local media, infiltration and disruption of opposing political parties, kidnapping, beating, torture, intimidation, death squads and even assassination”. It is, the newspaper said, “accountable to [President Robert] Mugabe alone”. It performs “functions and duties as the executive may from time to time direct”.

By such means, Zimbabweans have been cowed into silence. Many who have voiced their opinions have disappeared. Some were lucky to escape and tell the story.

With the formation of a new unity government, calls to speed up the process of drafting the constitution reform have grown louder. Churches and civic groups have joined, with the Catholic church coordinating the process through the Parliamentary Liaison Office and the bishops’ Catholic Commission for Justice and Peace.

Drafting a new constitution must not be an emotional exercise, but done for the benefit of the nation. According to Dr David Kaulemu, regional coordinator of African Forum for Catholic Social Teachings, there should be emphasis on creating common good.

“The process of crafting a new constitution should be an opportunity of creating conditions required by the common good. It creates guarantees for the respect of every Zimbabwean so that they develop respect for state institutions. With this respect, Zimbabweans may begin to invest, emotionally and materially in national processes, institutions and systems.”

The Catholic Church hopes to collect views of the people in all dioceses of Zimbabwe. According to Fr Fidelis Ndewu, the Parliamentary Liaison Office has had “several meetings with ministers, members of parliament, faith-based organisations and civic society organisations on the way forward in the constitution-making process were held between April and July. It was concluded that together with government, civic society organisations and faith-based organisations the Catholic Church will contribute to the consultation process”.